Bill Text: MI HB4164 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Civil rights; sex discrimination and harassment; ethnic intimidation; expand to include intimidation or hate crimes based on age, physical disability, sexual orientation, and gender identity or expression. Amends sec. 147b of 1931 PA 328 (MCL 750.147b).
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2015-02-11 - Printed Bill Filed 02/11/2015 [HB4164 Detail]
Download: Michigan-2015-HB4164-Introduced.html
HOUSE BILL No. 4164
February 10, 2015, Introduced by Reps. Dillon, Derek Miller, Schor, Sarah Roberts, Pagan, Moss, Singh, Durhal, Cochran, Zemke, Irwin, Smiley and Phelps and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 147b. (1) A person is guilty of ethnic intimidation if
that person maliciously, and with specific intent to intimidate or
harass another person because of that person's age, physical
disabilty, race, color, religion, gender, gender identity, sexual
orientation, or national origin, does any of the following:
(a) Causes physical contact with another person.
(b) Damages, destroys, or defaces any real or personal
property of another person.
(c) Threatens, by word or act, to do an act described in
subdivision (a) or (b), if there is reasonable cause to believe
that an act described in subdivision (a) or (b) will occur.
(2) Ethnic intimidation is a felony punishable by imprisonment
for not more than 2 years, or by a fine of not more than $5,000.00,
or both.
(3) Regardless of the existence or outcome of any criminal
prosecution, a person who suffers injury to his or her person or
damage to his or her property as a result of ethnic intimidation
may bring a civil cause of action against the person who commits
the offense to secure an injunction, actual damages, including
damages for emotional distress, or other appropriate relief. A
plaintiff who prevails in a civil action brought pursuant to this
section may recover both of the following:
(a) Damages in the amount of 3 times the actual damages
described in this subsection or $2,000.00, whichever is greater.
(b) Reasonable attorney fees and costs.